What should I do immediately after a car accident?

Ensure safety and call 911. Move to a safe location, report the crash to police, and document the scene with photos. Exchange information with all parties involved and seek prompt medical care—even if you feel fine. Notify your insurer and avoid speculating or admitting fault.

What types of damages can I claim after a car accident?

You can claim economic damages like medical expenses, lost wages, and property damage, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, additional compensation may include funeral costs and loss of consortium.

What is the difference between Michigan and Ohio car accident laws?

Michigan follows a No-Fault system where your insurance covers medical bills and lost wages regardless of fault. Ohio uses a Tort system where the at-fault driver’s insurance covers damages. Each state also has different statutes of limitations and rules on comparative negligence.

How long do I have to file a car accident claim?

In Ohio, the statute of limitations is 2 years from the date of the crash. In Michigan, it's 3 years. It's critical to act promptly to preserve your right to compensation.

How does comparative negligence affect my case?

Both Ohio and Michigan use modified comparative negligence. If you are found to be less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.

Why should I hire a car accident lawyer?

An experienced car accident lawyer can investigate your claim, accurately assess damages, manage negotiations with insurers, and litigate if necessary. Legal guidance helps maximize your compensation and reduces stress while you focus on recovery.

What areas does Gallon, Takacs & Boissoneault serve?

We serve car accident victims in Northwest Ohio—including Toledo, Maumee, Defiance, Fremont, Findlay, Lima, Mansfield, and Sandusky—as well as Southeast Michigan counties such as Monroe and Lenawee.

Car Accident Injury Compensation and Your Rights

Q: Can I pursue a wrongful death claim after a fatal car accident?

Yes. Families may seek compensation for funeral expenses, loss of income, emotional suffering, and loss of companionship. In Ohio, a personal representative brings the suit; in Michigan, the estate handles the claim. Punitive damages may be available in cases of reckless or willful negligence.

After a serious wreck, victims often face overwhelming medical bills, lost income, property damage, and emotional trauma. Pursuing car accident injury compensation helps you recover financially and rebuild your life. However, insurance companies rarely offer complete settlements without pressure, and you usually can’t secure fair compensation without the guidance of an experienced car accident lawyer.

For more than 70 years, the attorneys at Gallon, Takacs & Boissoneault have protected the rights of crash victims in northwestern Ohio, southeastern Michigan, and Northeast Indiana. We handle negotiations, file lawsuits when necessary, and fight to maximize your recovery, allowing you to focus on healing.

Immediate Steps After a Car Crash

Ensure Safety & Call 911 • Move to a safe location if possible. • Report the crash to police—an official accident report is critical evidence.
Document the Scene • Take photos of vehicle damage, skid marks, road conditions, and any visible injuries. • Note weather, lighting, and traffic control devices (signals, signs).
Exchange Information • Get names, addresses, phone numbers, driver’s license numbers, and insurance details from all drivers. • Collect contact info for passengers and witnesses.
Seek Prompt Medical Care • Even if you feel fine, some injuries (e.g., whiplash, internal bleeding) may not manifest until later. • Request copies of your medical records, bills, and treatment plans.
Notify Your Insurer • Report the crash quickly—meet all policy deadlines to avoid coverage denials. • Stick to facts; avoid admitting fault or speculating about causes.

Types of Damages in a Car Accident Claim

In both Ohio and Michigan, accident victims can pursue Economic and Non-Economic damages.

1. Economic Damages (Special Damages)

These are out-of-pocket costs with clear dollar values:

Medical Expenses: ER visits, surgeries, hospital stays, diagnostic tests, prescription medications, physical/occupational therapy, home health aides, and assistive devices (wheelchairs, braces).
Lost Income: Wages, bonuses, benefits, and self-employment losses for time missed due to injury and recovery.
Loss of Earning Capacity: If you cannot return to your previous job or must accept lower pay due to permanent impairment.
Property Damage: Repair or replacement cost for your vehicle, personal items (phones, laptops), and any damage to other property (guardrails, fences).

2. Non-Economic Damages (General Damages)

These compensate for subjective losses without an exact price tag:

Pain & Suffering: Physical pain, stiffness, headaches, and discomfort from injuries.
Emotional Distress: Anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: Inability to participate in hobbies, sports, or family activities.
Disfigurement & Scarring: Compensation for permanent marks or deformities.
Loss of Consortium: In severe cases, spouses may claim for loss of companionship and intimacy.

Wrongful Death & Survivor Claims

If a loved one dies in a crash, the family can pursue a wrongful death claim for:

Funeral & Burial Expenses
Survivor’s Lost Income
Pain & Suffering of the Deceased (before death)
Loss of Consortium for spouses and minor children

In Ohio, a personal representative brings the suit; in Michigan, the deceased’s estate handles wrongful death actions.

Michigan No-Fault vs. Ohio Tort System

Michigan No-Fault Law

Personal Injury Protection (PIP) pays your medical bills and 85% of lost wages, regardless of fault.
You can sue for non-economic damages (pain and suffering) only if your injury meets the serious impairment threshold.
Deadlines: File PIP claims within 30 days and tort lawsuits within 3 years of the crash.

Ohio Tort Liability

At-Fault System: The at-fault driver’s liability insurer covers both economic and non-economic damages.
Comparative Negligence: In Ohio, your award is reduced by your percentage of fault (e.g., 20% at fault results in 80% recovery).
Statute of Limitations: File within 2 years from the crash date.

Understanding these differences is critical for maximizing your car accident injury compensation in each state.

Statute of Limitations & Comparative Fault

Ohio: You generally have 2 years to file a personal injury lawsuit (R.C. 2305.10).
Michigan: Lawsuits for injury or wrongful death must be filed within 3 years of the accident (MCL 600.5805).

Both states follow modified comparative negligence: you can recover damages as long as you’re less than 50% at fault, but your share of the blame reduces your award.

Why You Need an Experienced Car Accident Lawyer

Thorough Investigation • We gather police reports, accident reconstruction data, surveillance footage, expert testimony, and medical records to build a strong case.
Accurate Damage Valuation • Our network of economists, life-care planners, and medical experts ensures every future cost—like ongoing therapy or home modifications—is included in your claim.
Dealing with Insurance Companies • Insurers often undervalue injury claims. We handle all communications and push back on lowball offers, leveraging legal pressure to force fair settlements.
Negotiation & Litigation • Most cases settle out of court. If insurers won’t negotiate, we have decades of trial experience in Ohio and Michigan courts to secure verdicts at trial.

Areas We Serve

Ohio: Toledo, Maumee, Defiance, Fremont, Findlay, Lima, Mansfield, Sandusky
Michigan: Monroe County, Lenawee County

Our local focus provides us with unique insights into road conditions, hospital networks, and laws in each county.

Get Justice for Your Family – We’ll Fight for the Compensation You Deserve.

If a negligent driver caused the wrongful death of a family member, in addition to medical costs incurred from the accident to the time of death, the surviving family could receive additional compensation for funeral expenses and the emotional pain of losing a loved one (referred to as “loss of consortium”). If the driver was willfully negligent or wantonly reckless, the judge or jury may award punitive damages in addition to the amount sought. The attorneys with Gallon, Takacs & Boissoneault protect the rights of all vehicle accident victims and their families. We will fight for the car accident injury compensation you need to rebuild your life. Contact us for a complimentary consultation at 419-843-6663 or complete our online contact form.

Car Accident Injury Compensation